As knife crime edges closer to pre-pandemic levels, recent data from the Ministry of Justice shows jail time for offenders is not following suit. Is this a result of judiciary failing or is there something else going on? Hannah Costley, Solicitor in our Crime and Regulatory team, explores this and how the statistics might reflect a more sustainable change.

Knife crime during lockdown

In March to June 2020, the Ministry of Justice reported a 52% reduction in knife crime. This dramatic reduction was likely due to the national lockdown. The closure of shops, public areas and orders for people to stay indoors meant there was less opportunity for knife crime to take place.

Post-lockdown and knife crime

Post-lockdown, we are seeing knife crime quickly creep back up to pre-pandemic levels. In 2020, there was a total of 18,296 offences and in 2021 this jumped up to 20,202 offences.

Despite this significant increase, the Ministry of Justice figures show more than four in 10 repeat offenders aren’t ending up in jail. Offenders are more likely to receive suspended sentences, fines, community service, cautions or conditional discharges.

This new data is surprising given the introduction of the two strikes law in 2015. This law sets out to give adults caught twice in possession of a blade, a minimum of 6 months prison time and a maximum of 4 years.

Why are knife crime offenders not receiving jail time?

Some may argue that offenders not receiving jail time is a reflection of Judge failing, as former Conservative Policing and Justice Minister, Sir Mike Penning, explains

“It is appalling for the police as well [as the public]. They are doing their job, getting these people into court and the judiciary is not doing what Parliament intended them to do.”

“Judges and magistrates need to know that Parliament passed the [two strikes] law for a reason. That is to protect victims and for victims to know that they are being listened to.”

However, Hannah Costley, Solicitor in our Crime and Regulatory team, explains that a reduction in jail time may be a positive finding and a reflection of the move towards more sustainable intervention.

“I encourage and support the decrease in defendants being given an immediate custodial offence as rehabilitation and education are far better resources to ensure that offenders do not involve themselves in this kind of offence again. Whilst prison can serve as a means to shock defendants and teach them the consequences of their actions, some defendants may find themselves vulnerable to grooming by experienced criminals and actually be released from prison prepared and equipped to commit more serious offences.”

Hannah goes onto explain that “interventions from the Youth Offending Team should be encouraged for youth offenders, and funds and resources invested in developing courses and education tools to prevent reoffending should be considered”.

Seek support from a Solicitor

There is no denying that possession of an offensive weapon is a serious crime. When faced with allegations of this nature, to ensure a fair trial, it is important to get help from a solicitor straight away.

Speak to Hannah, who contributed to this article, or one of her team on 0161 969 3131 or fill in our contact form.